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48                              SHIPPING PRACTICE

of the master or crew without the intention to defraud
owners, or actions which cannot be described as criminal,
are not included under this heading.

Capture and seizure. Acts of taking the ship by an
enemy or belligerent, or the forcible taking of the ship.

Queers enemies. Opposing forces of the Crown. The
ship's nationality is its flag, and this clause may be
read as any enemy of the country of the ship's nationality.

Restraint of princes. Every case where the voyage is
interrupted by the supreme power of the country, such
as an embargo, or prohibition of cargo.

Perils of the sea. As described previously in the Car-
riage of Goods by Sea Act.

15.  Average clause.   This  clause  states  that  general
average, if any, shall be payable according to York-Antwerp
Rules* As there are two sets of rules, the 1890 and 1924,
the date must follow. The rules issued in 1924 did not cancel
the code drawn up in 1890, although the 1924 rules are
generally adopted.

16,  Arbitration clause. This sets out that any disputes
shall be referred to arbitrators, and gives the conditions
under which arbitration shall be carried out.

17* Penalty for non^fulflment clause. Gives the amount
to be paid for default in carrying out the charter-party
agreement.

18.  Sub-letting clause.   This clause gives or refuses to
allow permission for the vessel to be sub-let, or sub-char-
tered under the charter-party.

19.  Deviation and salvage clause.   Allows or refuses to
allow steamer to deviate hi order to save life or property,
and also for the purpose of salvage.

The time charter-party clauses usually incorporated are
as follows—

1.  Clause as to who pays fuel and port charges.   This
clause stipulates that all charges including the above are to
be paid by the charterer.

2,  Provision that time ceases on breakdown.  Commonly
knows as the breakdown d&use—is inserted to adjust the